Strasbourg, 09/09/04 CAHDI (2004) 24 Anglais seulement COMMITTEE OF LEGAL ADVISERS ON PUBLIC INTERNATIONAL LAW (CAHDI)

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1 Strasbourg, 09/09/04 CAHDI (2004) 24 Anglais seulement COMMITTEE OF LEGAL ADVISERS ON PUBLIC INTERNATIONAL LAW (CAHDI) 28th meeting Lausanne, September 2004 EUROPEAN OBSERVATORY OF RESERVATIONS TO INTERNATIONAL TREATIES: LIST OF OUTSTANDING RESERVATIONS AND DECLARATIONS TO INTERNATIONAL TREATIES EXPLANATORY NOTE ON DECLARATIONS AND RESERVATIONS BY TURKEY TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Document submitted by the delegaton of Turkey Tel. 33 (0) Fax 33 (0) dg1.cahdi@coe.int -

2 2 1. With regard to the declarations and reservation made by Turkey upon signature and confirmed upon ratification of the International Covenant on Economic, Social and Cultural Rights : The Government of Turkey is of the view that declarations and reservation are compatible with the object and purpose of the Covenant and are not against international law According to international law, diplomatic relations could be established by mutual consent of the States (Art.2 of the Vienna Convention on Diplomatic Relations). Every sovereign State has the power and discretion as to the recognition of a new State and establishing diplomatic relations with other States. As a consequence of this legal and political order, a State Party to an international legal instrument may deem it necessary and/or useful to inform other State Parties by means of a declaration on the scope of implementation of such instrument. Hence, Turkey s declaration regarding the implementation of the Covenant only to the State Parties with which it has diplomatic relations does not amount to a reservation and should be considered in this context As to the Turkey s reservation regarding the interpretation and application of paragraphs 3 and 4 of the article 14 of the Covenant in accordance to the provisions under article 3, 14 and 42 of the Constitution of the Republic of Turkey, relevant articles of the Constitution are attached here with. Articles 2 and 3 of the Constitution, provide that Turkey is a secular State with its territory and nation, and it is an indivisible entity. Pursuant to article 14 of the Constitution none of the rights and freedoms embodied in the Constitution shall be exercised with the aim of violating the indivisible integrity of the State, and endangering the existence of the secular order of the Turkish Republic based upon human rights. Therefore, paragraph 3 of article 13 of the Covenant which provides the liberty of the parents and, when applicable, legal guardians to choose schools, other than those established by the public authorities, to ensure religious education, and paragraph 4 of the same article which prohibits interference with the liberty of individuals and bodies to establish and direct educational institutions are considered not in compliance with the constitutional order of Turkey. Given that non-muslim religious minorities have and fully exercise the right of religious education and establishing educational institutions, Turkey s reservation is compatible with the object and purpose of the Covenant. 2. With regard to the declarations and reservation made by Turkey upon signature and confirmed upon ratification of the International Covenant on Civil and Political Rights: The Government of Turkey is of the view that declarations and reservation are compatible with the object and purpose of the Covenant and are not against international law According to international law, diplomatic relations could be established by mutual consent of the States (Art.2 of the Vienna Convention on Diplomatic Relations).Every sovereign State has the power and discretion as to the recognition of a new State and establishing diplomatic relations with other States. As a consequence of this legal and political order, a State Party to an international legal instrument may deem it necessary and/or useful to inform other State Parties by means of a declaration on the scope of

3 3 implementation of such instrument. Hence, Turkey s declaration regarding the implementation of the Covenant only to the State Parties with which it has diplomatic relations does not amount to a reservation and should be considered in this context The declaration which reads The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied. does not imply that provisions of the Covenant will be applied to individuals only within its territory but not under its jurisdiction. However taking into consideration some political allegations and their serious consequences in relation to the legitimate existence of TRNC, the Government of Turkey, with a view not to give rise to further political and legal problems, deemed necessary to make such declaration With regard to the reservation concerning article 27 of the Covenant, it should be recalled that the Covenant does not prohibit reservations to article 27 and Turkey is not the first State making reservation to this article, and previous reservation by another state which clearly states that article 27 is not applicable has not been subject to any formal objection. It should also be recalled that, there is no unequivocally accepted definition of minority in international law. Several declarations and reservations concerning the interpretation of minority therefore have been made to relevant UN and Council of Europe treaties.

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